The purpose of this regulation is to set forth policies and procedures for the filing and disposition of claims asserted against the Department of Energy of infringement of privately owned rights in patented inventions or copyrighted works.
Whenever a claim of infringement of privately owned rights in patented inventions or copyrighted works is asserted against the Department of Energy, all necessary steps shall be taken to investigate and to settle administratively, to deny, or otherwise to dispose of such claim prior to suit against the United States.
The General Counsel or the General Counsel's delegate is authorized to investigate, settle, deny, or otherwise dispose of all claims of patent and copyright infringement pursuant to 42 U.S.C. 2201(g), 2223, 5817(d) and 7261; the Foreign Assistance Act of 1961, 22 U.S.C. 2356 (formerly the Mutual Security Acts of 1951 and 1954); the Invention Secrecy Act, 35 U.S.C. 183; and 28 U.S.C. 1498.
authority: Dept. of Energy Organization Act; sec. 651, 91 Stat. 601,
42 U.S.C. 7261; Atomic Energy Act of 1954; sec. 107(d), 88 Stat. 1241,
42 U.S.C. 5817(d); sec. 161(g), 80 Stat. 443,
42 U.S.C. 2201(g); sec. 172, 62 Stat. 933,
42 U.S.C. 2223; Foreign Assistance Act of 1961, sec. 2356, 75 Stat. 440,
22 U.S.C. 2356; Patents, Invention Secrecy Act; sec. 183, 66 Stat. 4,
35 U.S.C. 183; Judiciary and Judical Procedure Act, sec. 1498, 62 Stat. 601,
28 U.S.C. 1498.
source: 45 FR 26950, Apr. 22, 1980, unless otherwise noted.
cite as: 10 CFR 782.3